Temporarily Working in the US on an H-1B Visa

By
The Alagiri Immigration Law Firm
|February 15, 2019

Temporarily Working in the US on an H-1B Visa

The H-1B visa is a non-immigrant visa that allows a foreign employee to
live in the US on a temporary basis for work. An employer may file a petition
for an H-1B visa to temporarily employ individuals who:

work in specialty occupations

will work with the Department of Defense on research and development projects

are fashion models of distinguished merit

Specialty Occupations

The H-1B is a popular option for employers as it allows them to temporarily
hire foreign workers for long-term projects in specialty occupations.
Specialty occupations include fields such as information technology, engineering,
medicine, and science among others. To qualify as a specialty occupation,
the job must meet one of the following requirements:

The job normally requires a bachelor’s degree or higher

The degree requirement is standard for the position, or the position is
so complex that only an individual with a bachelor’s degree or higher
can carry out the functions

The employer normally requires a degree for the position

The duties are so specialized and complex that specific knowledge is required
to carry out the duties and that knowledge is obtained by earning a bachelor’s
degree or higher

Submitting a Petition for an H-1B Visa

An individual cannot apply for the H-1B visa on his or her own; the employer
must file a petition on the individual’s behalf. Employers can begin
filing petitions for H-1B visas in April of each year, but cannot file
a petition more than six months before the employment start date.

The United States Citizen and Immigration Services limits (or “caps”)
the number of H-1B visa petitions it can accept per calendar year. Each
year, that cap is set at 85,000 petitions: 65,000 for regular H1-B visas
(for specialty occupation workers who hold a bachelor’s degree or
higher) and 20,000 advanced degree H-1B visas (for specialty occupation
workers who hold a master’s degree or higher).

Limits of Stay While on an H-1B Visa

A foreign worker on an H-1B visa can stay in the US for three years. The
visa can be renewed, allowing for a maximum stay of up to six years. Certain
requirements must be met for this extension to be granted, and the employer
must fill out additional forms to file for the extension.

A worker who is on an H-1B visa can bring his or her spouse and any unmarried
children under 21 to live with him or her in the US as dependents. Their
dependents can continue to live in the US as long as the worker is on
a valid H-1B visa.

Applying for Permanent Residency While on an H-1B Visa

The H-1B visa is a dual intent visa, meaning that a worker on this type
of visa can also apply for, and obtain,
permanent residency in the US.

If you have questions about the H-1B visa or are in the US on an H-1B visa
with questions about filling for permanent residency, contact our
San Mateo immigration attorney at The Alagiri Immigration Law Firm. We understand the complexities of
the immigration process and have helped hundreds of individuals achieve
their immigration goals.

Contact us onlineor call us at (650) 562-6900 to see how The Alagiri Immigration Law Firm
can provide thorough advocacy for you.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.